Chapman v. Sosa-Gayton et al

Filing 27

ORDER AND JUDGMENT - Pursuant to the memorandum opinion entered herein this date, filing 26 , IT IS ORDERED: Chapman's claims against defendant Judge Coniglia are dismissed with prejudice. Chapman's claims against Yvonne Sosa-Gayton and Tim Burns are dismissed without prejudice to reassertion in a habeas corpus action or similar proceeding. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLIE JOE CHAPMAN,

)
)
Plaintiff,
)
)
v.
)
)
YVONNE D. SOSA-GAYTON, TIM
)
BURNS, DOUGLAS COUNTY PUBLIC )
DEFENDERS OFFICE, and JUDGE
)
CONIGLIA,
)
)
Defendants.
)
______________________________)

4:14CV3141

ORDER AND JUDGMENT

Pursuant to the memorandum opinion entered herein this
date,
IT IS ORDERED:
1.

Chapman’s claims against defendant Judge Coniglia

are dismissed with prejudice.
2.

Chapman’s claims against Yvonne Sosa-Gayton and

Tim Burns are dismissed without prejudice to reassertion in a
habeas corpus action or similar proceeding.
3.

Plaintiff is hereby notified that the filing of a

notice of appeal will make him liable for payment of the full
$505.00 appellate filing fee regardless of the outcome of the
appeal.

This is because the Prison Litigation Reform Act

requires an incarcerated civil appellant to pay the full amount
of the $505.00 appellate filing fee by making monthly payments to

the court, even if he or she is proceeding in forma pauperis.
U.S.C. § 1915(b).

28

By filing a notice of appeal, plaintiff will

be consenting to the deduction of the $505.00 filing fee from his
prison account by prison officials.
DATED this 1st day of July, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court